← Library
Patna High CourtCR. MISC./35202/2015dismissed

Janki Devi v. The State Of Bihar

2015-10-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35202 of 2015 Arising Out of PS.Case No. -147 Year- 2015 Thana -ARARIA District- ARRARIA ======================================================

1. Janki Devi W/o Sharmanand Sah @ Sarmanand Sah, Resident of Village - Araria R.S. Ward No. 3, P.S. - Araria, R.S. District - Araria. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in Araria (R.S.) P.S.Case No.147 of 2015 registered under Sections 363, 372, 34 of the Indian Penal Code, pending in the Court of C.J.M., Araria. The prosecution case, in brief, is that on 08.04.2015 the daughter of the informant ,Basanti Kumari, went to deposit the answer book of question paper given by teacher of Mahatma Gandhi Memorial High School but she did not return up to evening then a search was made for her in relationship but she was not found. During course of search, the informant on 10.4.2015 came to know that the petitioner used to take his daughter to her house. The informant also came to know that there was previous complaint against the petitioner of selling the girls. The informant believed that his daughter was either sold or got married somewhere after taking money by the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.04.2015. Charge sheet

Patna High Court Cr.Misc. No.35202 of 2015 (4) dt.06-10-2015 2/2 has been submitted in this case. The petitioner has got no criminal antecedent. There is no allegation of tampering with the petitioner against the petitioner. The petitioner is a lady. Merely on the basis of suspicion she has been made accused in the present case. There is no direct allegation against her.

On behalf of the State, it has been submitted that the petitioner has been named by the victim in her statement recorded under Section 164 Cr.PC. and she was instrumental in abducting the victim.

Considering the facts aforesaid, I am not inclined to grant bail to the petitioner and the same is rejected. However, the trial court is directed to expedite the trial and conclude the same preferably within a period of nine months from the date of receipt/ production of a copy of this order. (Sudhir Singh, J) singh/- U T